Unpacking the CCMA process

If you find yourself unfairly in the 'firing line' in your workplace, it could be an overwhelming experience with you trying to navigate through the quagmire of the legal processes and to keep your emotions in check with a calm mind. If you believe that your dismissal was unfair or that your employer committed an unfair labour practice towards you, it's important that you act quickly to lodge your dispute with the CCMA, as there are tight timelines which must be adhered to.

The Commission for Conciliation, Mediation and Arbitration ("CCMA") is an organisation that works to try to resolve labour disputes between employees and employers under the Labour Relations Act. The first thing you need to do is submit a "Referral Form", which you can download from the CCMA website.

There are no fees payable to the CCMA. The Referral Form must be delivered to your employer by email, faxing, hand delivery, or registered post. Make sure you have the proof of service as this would need to be shown to the commissioner. This must be lodged within 30 days from the date on which the dispute arose. However if the dispute involved discrimination, the period is extended to 6 months.

The CCMA will notify you and the employer as to when and where the matter will be heard. The first meeting would normally be a "conciliation". This is a forum in which no legal representations are allowed and where the Commissioner will try to see if the matter can reach some agreement.

A conciliation does not involve any evidence being led and the process is not recorded and what is stated at conciliation remains confidential. If the parties are unable to settle the matter, the Commissioner will issue a certificate saying that the dispute was not capable of being resolved. If the matter is set down for a "con/arb" process, it means that after conciliation, the matter will immediately proceed to arbitration.

Once you have the certificate of no resolution and depending on what the dispute is about, you could either approach the Labour Court or proceed to arbitration. Oftentimes, and if directed to do so, the parties will be required to convene "a Pre-Arbitration Conference".

This is a conference where both parties will meet and would need to cover certain aspects of the dispute and see what issues can be resolved. These would include determining what facts which are in dispute, what facts are agreed upon and also which issues the Commission is required to decide on.

At arbitration hearings you are allowed to have legal representation. The process is similar to a civil trial where each party produces evidence and witnesses in support of their respective case, have the right to cross examine witnesses etc.

These proceedings are recorded. Once all the evidence has been led, the Commissioner will make the award and will issue the award normally within 14 days of the hearing. The effect of this award is that it's a final and binding order. Armed with that award, you could approach the Labour Court to convert the arbitration award into an Order of Court.

This means that in the event that the employer fails to abide by the order you will be able to instruct the Sheriff to execute on the Order. It goes without saying that during this time you need to have a legal team that can offer efficient and competent legal services, both in guiding you what you can expect at conciliation and more importantly at the arbitration process itself.

The Law Desk of Fawzia Khan and Associates are here to offer you that legal representation. We will help you to get over the finish line and use our best endeavours to obtain a successful outcome for your labour dispute.

The Law Desk of Fawzia Khan & Associates. Giving YOU the Power of Attorney. Email us on fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.